Have you recently been named an estate executor? Administering an estate is a significant responsibility that requires organization, legal knowledge, and financial management skills. Our ultimate estate executor checklist will help you navigate the estate settlement process in Canada, ensuring you fulfill all your legal and fiduciary duties.
1. Obtain the Death Certificate
The first step is to obtain the official Death Certificate, which is required for many aspects of estate administration, including closing accounts and filing taxes.
Request the death certificate from the provincial vital statistics office:
- Alberta – Vital Statistics
- British Columbia – Vital Statistics Agency
- Manitoba – Vital Statistics
- New Brunswick – Vital Statistics
- Newfoundland and Labrador – Vital Statistics
- Northwest Territories – Vital Statistics
- Nova Scotia – Vital Statistics
- Nunavut – Vital Statistics
- Ontario – ServiceOntario
- Prince Edward Island – Vital Statistics
- Quebec – Directeur de l'état civil
- Saskatchewan – Vital Statistics
- Yukon – Vital Statistics
2. Locate the Will and Confirm Executor Authority
- Find the deceased’s original will.
- Determine if the will was registered with a provincial Wills Registry.
- If no will exists, apply to the court for letters of administration to manage the estate.
Review the Government of Canada’s estate administration guide.
3. Apply for Probate (If Required)
Probate is the legal process that validates the will and grants the executor authority to distribute assets.
Check provincial probate laws:
- Alberta – Applying for Probate
- British Columbia – Probate Guide
- Manitoba – Estate Administration
- New Brunswick – Probate Process
- Newfoundland and Labrador – Probate and Estate Settlement
- Northwest Territories – Probate Information
- Nova Scotia – Applying for Probate
- Nunavut – Estate Administration
- Ontario – Estate Administration
- Prince Edward Island – Probate Court Guidelines
- Quebec – Wills and Estates
- Saskatchewan – Estate Settlement
- Yukon – Estate Administration
4. Notify Government Agencies and Service Providers
- Service Canada – Cancel Old Age Security (OAS), Canada Pension Plan (CPP), and Social Insurance Number (SIN). (Service Canada)
- Canada Revenue Agency (CRA) – File the deceased’s final tax return. (CRA Guide)
- Provincial Health Care Services – Cancel health cards and provincial benefits.
- Banks and Financial Institutions – Close accounts and transfer assets.
5. Identify and Secure Estate Assets
- Create a list of assets, including bank accounts, real estate, investments, and personal belongings.
- Notify creditors and review outstanding debts.
- Secure and manage real estate, ensuring mortgage payments, utilities, and insurance are maintained.
- Contact the Land Title Office if the deceased owned property.
6. Pay Debts and Taxes
- Settle outstanding debts, including loans, credit cards, and taxes.
- File the final tax return and apply for a Clearance Certificate from the CRA to confirm all taxes are paid before distributing assets. (CRA Clearance Certificate)
7. Distribute Assets to Beneficiaries
- Follow the instructions outlined in the will.
- Transfer property titles, bank accounts, and investments to beneficiaries.
- If a beneficiary disputes the distribution, mediation or court intervention may be required.
Review the Canadian Bar Association’s estate law resources.
8. Close the Estate
- Prepare a final accounting report of the estate.
- Ensure all obligations are met before closing the estate.
- Provide beneficiaries with documentation of distributions.
- Officially close the estate bank account.
Successfully Managing Estate Settlement
Being an executor is a demanding role that requires careful attention to legal and financial details. Staying organized, consulting with professionals when needed, and keeping beneficiaries informed will help ensure a smooth estate administration process.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified professional for assistance with estate administration in Canada.
